Criminal Law: Insanity Defense and Murder Liability

Criminal Law

INTRODUCTION...........................................................................................................................3
MAIN BODY..................................................................................................................................3
QUESTION 1..................................................................................................................................3
Consider whether the defence of insanity is fit for purpose or is in need of reform...................3
QUESTION 2..................................................................................................................................4
Advise Ali of his potential criminal liability for the offences committed...................................4
CONSCLUSION.............................................................................................................................6
REFRENCEES................................................................................................................................7

INTRODUCTION
Criminal law is those laws that have been formed in order to deal over criminal offences
which have been taking place within society. These laws have been making crime monitored and
controlled within a country. Such laws makes various kinds of aspects related to crime covered
within the act made using these laws. In other words criminal laws are those laws which have
been formed in order to make balance of peace and order within society. Such laws help in
fulfilling objective of welfare of society. These laws defined about punishment with fine which
is given to person performing an offence. Scope of criminal laws is wider in nature since they
cover society and aspects related to it. Nature of criminal law is dynamic as they have tendency
to impact society at large. In this file two parts are their first part is essay based on law of
insanity and second part is based upon case study.
MAIN BODY
QUESTION 1
Consider whether the defence of insanity is fit for purpose or is in need of reform.
The defense of insanity is based upon mental disorder which is based over affirmative
defense and acts as an excuse in relation over crime case. Arguing that the defendant is not
responsible for their actions due to an episodic or persistent psychiatric disease at the time of the
criminal act. This is contrasted with an excuse of provocation, in which the defendant is
responsible, but the responsibility is lessened due to a temporary mental state. It is related over
finding which a defendant cannot be part of trial within criminal case due to mental incapability.
This prevents them from effectively assisting counsel, from a civil finding in trusts and estates
where a will is nullified because it was made when a mental disorder prevented a testator from
recognizing the natural objects of their bounty and from involuntary civil commitment to a
mental institution, when anyone is found to be gravely disabled or to be a danger to themselves
or to others. In this exemption is granted from punishment given over grounds based on Criminal
code of conduct. In law insanity means mental disorder which includes M'Naghten Rule, the
Durham rule, the 1953 British Royal Commission on Capital Punishment report, the ALI rule
(American Legal Institute Model Penal Code rule), and other provisions, often relating to a lack
of mens rea ("guilty mind"). These are those provisions which are based upon lack of means rea.
Further there has been statutory legislation which makes terms defense in relation over mental
disorder to be marked as statutory legislation (Najih, 2018).
This is been marked within M'Naghten Rules over making mental disorder to be proved.
Further it makes sure that mental illness cannot be liable ground for arrests through reason of
mental disorder. It makes distinguishing rights from wrong over ground which makes decision
making upon right and wrong to be finished within person of mental disorder. The origination of
insanity is form M'Naghten Rule. This makes reinterpretation with modernization over recent